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HomeMy WebLinkAboutOrdinances (O-00-1232)-09/05/2000 ORDINANCE 0-00-1232 AN ORDINANCE AUTHORIZING PRIVATE STREETS AND ENTRANCE GATES FOR SHAll MAR ADDITION AND VACATING THE RIGHT-OF-WAY OF SHAll MAR COURT; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION WHEREAS, an application for private streets and entrance gates for the Shalimar Addition was filed by John Dees on June 16, 2000, under Case Number P-00-050; and WHEREAS, Chapter 10 of the Colleyville Land Development Code establishes procedures and requirements for the consideration of requests for private streets and entrance gates; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and WHEREAS, as a home rule municipal corporation, the City of Colleyville has the power to close and abandon public roadways; and WHEREAS, the City Council of the City of Colleyville deems it is in the best interest of the residents of the City to close and abandon the Shalimar streets and associated drainage structures within the city limits of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the request for private streets and entrance gates for the Shalimar Addition is hereby approved, subject to the following conditions: 1. ABANDONMENT OF STREETS a. Shalimar Court and its associated drainage structures, as specifically described in Exhibit A, attached hereto, is hereby closed and abandoned as a public roadway to the Shalimar Homeowners Association. b. The unnamed street stub and its associated drainage structures located on the west side of Shalimar Court, as specifically described in Exhibit B, attached hereto, is hereby closed and abandoned as a public right-of-way equally to the adjacent lots. Ordinance 0-00-1232 Page 2 of 6 2. EASEMENTS AND RIGHT OF ACCESS a. The abandoned right-of-way for Shalimar Court, described in Exhibit A, is specifically retained as an access, drainage and utility easement, and as a public access easement between John McCain Road and the Cottonbelt Trail. b. All water lines and sanitary sewer lines shall remain dedicated to the City. c. Any governmental or public utility entities, including the City, shall have the right at all times of ingress and egress to and from and upon the access, drainage and utility easements in the Shalimar Addition for the purpose of construction, reconstruction, inspection, patrolling, maintaining, and adding to or removing all or part of its respective systems, or any purpose related to the exercise of a governmental service or function, including but not limited to, fire and police protection, inspection and code enforcement, and maintenance of City utilities or franchise utility infrastructure. 3. ENTRY GATES AND PEDESTRIAN ACCESS a. Entry gates shall be installed in general accordance with the locations shown in Exhibit C. The entry gates shall include an Opticom system with Knox box backup system, or other system approved by the Fire Chief, for emergency vehicle use. b. A pedestrian access gate shall be provided at the entry to the development. This pedestrian access gate shall be unsecured and open at all times to provide public access for the Cottonbelt Trail system. 4. GENERAL CONDITIONS a. The abandoned right-of-way of Shalimar Court, described in Exhibit A, shall be owned as a single separate parcel by the Homeowners Association. Said right-of-way shall not be transferred to individual lot owners in the Addition. Ordinance 0-00-1232 Page 3 of 6 b. The abandoned right-of-way of the unnamed street stub, described in Exhibit B, may be incorporated in the adjacent lots upon approval of a subdivision plat by the City. The abandoned right-of-way shall be split equally between the two adjacent lots. c. The landowners and any subsequent owners of lots (the "Lot Owners"), jointly and severally, shall be responsible and liable for the construction, operation and maintenance of any private common areas or facilities in the Shalimar Addition (the "Addition"), including but not limited to private streets, private entrance gates or structures, private walls and fences, private pedestrian access, private storm drainage systems, private lake, private open space and landscaping, and emergency access. d. The City of Colleyville, Texas (the City) shall not be responsible for maintaining any of the aforementioned private common areas or facilities. The City will maintain only the public water and sewer systems in utility easements accepted by the City. e. The HOA, lot owners, and landowners shall not seek maintenance from the City except for the aforementioned public water and sewer systems in utility easements accepted by the City. f. The HOA shall establish a reserve fund for the maintenance and reconstruction of the private streets, drainage facilities and related appurtenances. The reserve fund shall be accounted for separately from other funds maintained for annual operating expenses of the association in order to better demonstrate that the amounts deposited therein are intended for capital improvements. The HOA shall, no later than January 31 st of each year, submit to the City a copy of the reserve fund statement for the preceding calendar year. The annual contribution to the reserve fund shall be a minimum of $75.00 per lot, or as otherwise determined by the City Council. The City shall have authority to inspect all streets, drainage facilities, and related appurtenances on a periodic basis to determine the need for repairs to these capital facilities. The City requires that the HOA employ an engineering firm to estimate the cost of replacement based on inflation, original design and construction and the age of the facilities. The HOA shall repair all drainage and street facilities when instructed to do so by the City, subject to Ordinance 0-00-1232 Page 4 of 6 appeal to the City Council. Failure by the HOA to make repairs to streets or drainage facilities which impact drainage up or downstream from the development may result in the completion of needed repairs by the City with an assessment of all costs plus interest accrued from the time the City installs the improvements until all funds are collected. HOA documents must detail this City authority and shall not be amended without City approval. g. Except for private storm drainage systems, private streets and related entrance gates or structures that are approved by the City, no buildings, fences, structures, trees, shrubs, or other improvements or growths shall be constructed or placed upon, or across said public utility easements. Any public utility entity, including the City, shall have the right to remove and keep removed all or parts of any buildings, fences, structures, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with its respective systems within said utility easements. h. The City shall have the right at all times to remove and keep removed any vehicle or obstacle that impairs emergency access in the emergency access easements shown herein. I. If the HOA or lot owners fail to maintain reliable access to any public utility or governmental entities for purposes stated hereinabove, the City may enter the Addition and remove any entrance gate or structure which is a barrier to access at the sole expense of the HOA or lot owners on a pro-rata share formula. J. The construction, reconstruction or repair of any private streets within the Addition must meet the approval of the City Engineer and comply with the specifications of the City for public streets at the time of construction, reconstruction or repair. The construction, reconstruction or repair of any entrance gate and structure for the Addition must meet the approval of the Engineering Department and Fire Department of the City. k. The installation or replacement of all traffic regulatory signs along the private streets must conform to the Texas Manual of Uniform Traffic Control Devices. Sec. 2. Sec. 3. Ordinance 0-00-1232 Page 5 of 6 I. The HOA and lot owners agree to release, indemnify, defend and hold harmless the City, its officers, agents, licensees, servants and employees, from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind of character, whether real or asserted, arising out of or in connection with, directly or indirectly: a) the reasonable use of the private streets, emergency access, utility easements, entrance gate or structure by the City, its officers, agents, licensees, servants and employees; b) the condition of the private streets, private entrance gates or structures, private walls and fences, private pedestrian access, private storm drainage systems and emergency access; or c) any use of the Addition by the City, its officers, agents, licensees, servants and employees for any purpose stated hereinabove, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of the City. The HOA shall be responsible for carrying liability insurance to meet the requirements in this paragraph. THAT any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. ~::t reading and public hearing being conducted on the JStb day of l' ,2000. Th s cond reading and public hearing being conducted on the ~ day of ,2000. ATTEST: J(k~Rl~~ City Secretary APPROVED A TO FORM AND LEGALITY: , I ~ Ross . Fo ter City Attorney Ordinance 0-00-1232 Page 6 of6 CITY OF COLLEYVILLE: ~~ Mayor Exhibit A - Shalimar Court lao' I rI'" I " ti ::::J't ()~ \.J~' ~ . I ~~ (J~'tI "- <C'f ~ t1-.' 't\.i . ~ ~.......' \) ~.~ I ~ ...... i:) st ' ::I '0 , ~ ~ . ~ on I I '00 ~'x) -- " Exhibit A - Shalimar Court BEING a 3.2422 acre tract of land out of the H. Hughes Survey, Abstract NO.656, Tarrant County, Texas, and being a part of Shalimar Addition an addition to the City of Colleyville, Texas, as recorded in Cabinet A, Slide 3974 of the Deed Records of Tarrant County, Texas, said tract being more particularly described as follows: BEGINNING at a point for a corner in the east right-of-way line of Shalimar Court (100 feet wide) said point being southerly 82.84 feet from the south right-of-way line of John McCain Road (variable width), said point also being in the west line of Lot 1, Block 1, of the above said Shalimar Addition, said point being in a circular curve to the left having a radius of 60.00 feet; THENCE Southwesterly to Southeasterly, and continuing along the above said east line of Shalimar Court, through a central angle of 41 0 24' 35", a chord bearing of S 200 21' 30" W, an arc distance of 43.36 feet to the point of tangency; THENCE S 00 20' 48" E, continuing along the above said east line of Shalimar Court, 1329.63 feet to the beginning of a circular curve to the right having a radius of 50.00 feet; THENCE Southeasterly to Northwesterly, continuing along the above said east line of Shalimar Court and to the west right-of-way line of Shalimar Court, through a central angle of 1800 00' 00", a chord bearing of S 890 39' 12" W, an arc distance of 157.08 feet to the point of tangency; THENCE N 0020' 48" W, along the above said west line of Shalimar Court, 1329.63 feet to the beginning of a circular curve to the left having a radius of 60.00 feet; THENCE Northwesterly, continuing along the above said west line of Shalimar Court and with above said circular curve to the left through a central angle of 41 0 24' 35", a chord bearing of N 210 03' 06" W, an arc distance of 43.36 feet to a point for a corner; THENCE N 890 39' 12" E, 130.00 feet to the POINT OF BEGINNING and CONTAINING 141,233 square feet or 3.2422 acres of land. Exhibit B - Unnamed Street Stub ...... ~ .. .If 24, ~ IQ " .. ~ Ii ~ ~ "i BEING a 0.2045 acre tract of land out of the H. Hughes Survey, Abstract NO.656, Tarrant County, Texas, and being a part of Shalimar Addition an addition to the City of Colleyville, Texas, as recorded in Cabinet A, Slide 3974 of the Deed Records of Tarrant County, Texas, said tract being more particularly described as follows: BEGINNING at a point for a corner in the west right-of-way line of Shalimar Court (100 feet wide) said point being southerly 755.88 feet from the south right-of-way line of John McCain Road (variable width), said point also being the southeast corner of Lot 25, Block 1 of the above said Shalimar Addition; THENCE S 00 20' 48" E, along the projected west line of Shalimar Court, 50.00 feet to a point for a corner, said point being the northeast corner of Lot 24 of above said Shalimar Addition; THENCE S 890 39' 12" W, along the north line of above said Lot 24, 178.18 feet to a point for a corner in the east line of a tract of land as conveyed to Joe V. Tirk, as recorded in Volume 4487, Page 994 of the Deed Records of Tarrant County, Texas, said point also being the northwest corner of said Lot 24; THENCE N 00 20' 48" W, along the above said east line of the Tirk tract, 50.00 feet to a point for a corner, said point being the southwest corner of above referenced Lot 25 of Shalimar Addition; THENCE N 890 39' 12" E, along the south line of above said Lot 25 of Shalimar Addition, 178.18 feet to the POINT OF BEGINNING and CONTAINING 8,909 square feet or 0.2045 acres of land. Exhibit C - Location of Entrance Gates Of/STING WROUGHf iRaN & MASONRY fENCE: JOHN McCAIN ROAD "" \ \ GArE CONTROLLER .& HOuSING I I I 1 I I I I T ( I \ - - ..-...-........-...-----.... .--_."..._--~--_.__._...,_._--_.~_..._...._,..--,-~---~.~._.._-y._--..,--------~--